Can Care Plus Medical Ucc unilaterally modify the franchise agreement?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
es.
- 18.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations and representations. Nothing in this Agreement or in any related agreement is intended to disclaim the representations made by Care Plus Medical UCC in its franchise disclosure document.
- 18.4 Modification. No modification or amendment of this Agreement will be effective unless it is in writing and signed by both parties. This provision does not limit Care Plus Medical UCC's rights to modify the Manual or System Standards.
- 18.5 Consent; Waiver. No consent under this Agreement, and no waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the consent or waiver.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, the franchise agreement can only be modified if both Care Plus Medical Ucc and the franchisee sign a written agreement. However, Care Plus Medical Ucc retains the right to unilaterally modify the Manual and System Standards.
This means that while the core franchise agreement terms require mutual consent to change, Care Plus Medical Ucc has the power to update operational guidelines and standards as it sees fit. These modifications to the Manual or System Standards can be communicated through any method Care Plus Medical UCC deems appropriate, without needing to provide formal notice.
For a prospective franchisee, this highlights the importance of understanding the scope of the Manual and System Standards, as these are subject to change. While the franchisee can expect the core terms of the agreement to remain stable unless both parties agree to changes, they must also be prepared to adapt their business practices to comply with updates to the Manual and System Standards implemented at Care Plus Medical Ucc's discretion.
It is important to note that Care Plus Medical UCC's right to modify the Manual or System Standards does not allow them to disclaim any representations made in the franchise disclosure document. Franchisees should clarify the potential scope and impact of changes to the Manual and System Standards with Care Plus Medical Ucc before signing the agreement.